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Student faces three years in prison for modifying Xbox 360!

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posted on Nov, 30 2010 @ 02:15 PM
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Been looking some more into this, turns out they are using loopholes about not going after end users blah blah, god the world we live in is a disgrace. From what I can tell, this is only applicable in the USA, and the judge was being a bartender (or a word near to that)

www.myce.com...




[A]lthough the government will have to establish that the technological measure that Mr. Crippen allegedly circumvented was used to control access to copyrighted work, the Government need not show that the modified Xbox’s were actually used for infringing purposes,” ruled Gutierrez. “Mr. Crippen’s alleged conduct of modifying Xbox gaming systems is neither approved by the Librarian of Congress nor provided for in the DMCA’s list of exceptions.

edit on 30/11/10 by woogleuk because: (no reason given)




posted on Nov, 30 2010 @ 02:25 PM
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Looks like his next Xbox is going to have bars and he will be having a multiplayer experience with someone named Buba.

I dont expect the .line describes the crime but is designed to outrage the reader.

I hate the press who print this tripe while avoiding their place in democracy which is to hold the powerful to book. Watergate was a long time ago and very unlikely to happen again with the likes of Murdock and his ilk at the helm.



posted on Nov, 30 2010 @ 02:32 PM
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Originally posted by JIMC5499
He modified the X-box so that it could run PIRATED software and DVDs. That's why he's on trial. Plain and simple. It isn't the modifications to the X-box, it's what those modifications allow people to do.


Just because he modified then so they COULD run prated software doesn't mean he or anyone else did..
That's basically a pre crime in that case..

It's like here in Australia,there is no law against making or even selling a bong, but there are laws against using one...



posted on Nov, 30 2010 @ 02:55 PM
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I don't think the actual problem is that he was modifying his own XBox, it was that he was making money modifying XBoxes to run pirated software.


Crippen reportedly made a business out of modifying Xbox 360 consoles. Last year, he was indicted for circumventing "a technological measure that effectively controlled access to a copyrighted work" after modifying a console for an undercover security investigator and then an undercover federal agent.


You can modify your own items to do whatever, if you can make your XBox into a toaster more power to you, but when you start making money off of modifying a device so that it will play pirated stuff, that's the problem.



posted on Nov, 30 2010 @ 02:57 PM
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Originally posted by backinblack
Just because he modified then so they COULD run prated software doesn't mean he or anyone else did..
That's basically a pre crime in that case..
The way the DMCA is written, it doesn't matter. From the OP article:


"The DMCA only requires a showing that the technological measure was related to a valid copyright interest, not that any infringement actually occurred," Gutierrez said.



posted on Nov, 30 2010 @ 03:00 PM
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reply to post by whatukno
 


The problem is though, as I have mentioned, and from modding them myself, it can be used for running other operating systems (Linux) and homebrew games, both perfectly legal. AND the XBOX further has technology which can't be circumvented (yet) that bans you from XBOX live as soon as you try to run a pirated game whilst online.



posted on Nov, 30 2010 @ 03:56 PM
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reply to post by OutKast Searcher
 

www.fudzilla.com...

"Other evidence, such as the admissibility of a covert video recording of Crippen allegedly performing the modification is yet to be ruled on. The defense claims that the two-minute video has been edited and was unlawfully produced in Crippen’s Anaheim house without his consent in violation of California privacy law."

Mine was a knee jerk reaction to a previous statement, but I assume it would be in reference to this.



posted on Nov, 30 2010 @ 05:22 PM
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I think this requieres more information... I'm not sure how this would work but uhhhh... if you bought the product its yours to do as you will...

I don't remember myself signing some clause when I bought the my XBox System



posted on Nov, 30 2010 @ 07:06 PM
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Well now i'm going to take SKC, Verbatim, LG, Sony, Acer, Asus, Panasonic, Phillips, BenQ, Toshiba, Hitachi, Pioneer, HP and every other company that has ever made a CD or DVD burner for consumer use to court under DMCA charges. They enabled me to pirate things, just like this guy has. He hasn't caused any loss or unlawful action by modifying an xbox. its what others choose to do afterwards that could be unlawful and it's up to them.

Equality is paramount and mandatory at law. Those who don't know or claim their rights have none. Lesson: learn ya law!



posted on Nov, 30 2010 @ 07:53 PM
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I have some serious questions about how the evidence was gathered, but his actual crime was a valid one for prosecution. It is hackers who mod this generation of consoles to run pirated copies of games who are responsible for those of us who play by the rules having to pay $60 for a new game and still jump through hoops to verify the legitimacy of our software to get to play it. Furthermore, the guy was a damned idiot to ever hook a modded 360 up to Live in the first place. The first rule of modded consoles is NEVER take them online as M$ will instantly detect the mod chip, flag you, lock you out of Live, nuke your gamer account, and start investigating further.

As for the backup copy argument, doesn't hold water. This has been tested in court before and is no more a legitimate defense than, say, stealing $100 dollars from the bank in addition to the $100 check you cash just in case something bad happens to your original C-note.



posted on Nov, 30 2010 @ 09:09 PM
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Originally posted by Arbitrageur

Originally posted by backinblack
Just because he modified then so they COULD run prated software doesn't mean he or anyone else did..
That's basically a pre crime in that case..
The way the DMCA is written, it doesn't matter. From the OP article:


"The DMCA only requires a showing that the technological measure was related to a valid copyright interest, not that any infringement actually occurred," Gutierrez said.


So he IS charged with a "pre-crime"

Should they arrest me and everyone else that has torrent downloading software??
Hmm, maybe that's next..Laws to help big business..
Whats new?? That's all our Gove do anyways...



posted on Nov, 30 2010 @ 10:26 PM
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that's why i have a ps3. i can't stand that arrogant little nerd, bill gates, trying to control every piece of electronics in the world.

windows is garbage and he should be sued for releasing such a mediocre program that has probably lead to more computers being trashed than any software in the history of computer programing.

this is my third computer now because windows has so many holes that viruses can exploit, it's not even funny. if window were a car, their be 10's of billions paid in civil lawsuits for causing death due to criminal negligence.

on top of that to pay money to xbox live so it can use your paid internet service and your bandwidth to connect to someone elses paid internet service is just greed.
edit on 30-11-2010 by randomname because: (no reason given)



posted on Nov, 30 2010 @ 10:35 PM
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Originally posted by woogleuk
My point is, these are my consoles, I paid for them, I will mod them as I wish..........



No you will not. Microsoft owns any hardware/software you buy from them. Not you.

A couple years ago I bought a Compaq Presario. 13 months after owning it this little bubble popped up in the lower right hand corner. The bubble said "your version of windows is not genuine". I was like WTH?? Compaq installed the operating system. A few minutes later the computer SHUT DOWN and wouldn't boot back up. Think the screen on load up said "your version of windows is not genuine"...and wouldn't boot.

So I called Compaq, they said your warranty expired...tough poo...called Microsoft. I call Microsoft and they said their WGA (Windows Genuine Authority) searches all computers on the internet and if they see 2 computers with the same Operating System Key...they disabled BOTH computers. They said some hacker likely used a key generator and spoofed my KEY on their computer. So Microsoft disabled MY LEGAL computer.

They said to reinstall Windows. I couldn't reinstall windows...Compaq doesnt include a CD for Windows anymore. So I was SOL.

I took the computer outside and placed 4 rounds of 45acp into it and drove over it with the car. I will NEVER own anything that is Microsoft EVER again. EVER EVER.


Where was our Federal Government to help Copyright Infringement when Microsoft disabled Hundreds of Thousands of peoples computers who had LEGAL operating systems...which Microsoft shut down with the WGA program.

You do not own ANYTHING you buy that says "Microsoft" on it. Read your user agreement.



posted on Nov, 30 2010 @ 10:40 PM
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Originally posted by Pervius

I took the computer outside and placed 4 rounds of 45acp into it and drove over it with the car. I will NEVER own anything that is Microsoft EVER again. EVER EVER.


This is just the kind of level .ed approach to PC support that the world needs more of!
Please tell me if you ever open a PC repair business, I have a laptop that you could shoot for me
edit on 30-11-2010 by davespanners because: (no reason given)



posted on Nov, 30 2010 @ 10:53 PM
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this is the reason i have a modded NES and yes its very legal to mod a NES cause the product is in the public domain now , open source so to say,

but the question that comes to my mind is:

its a game console , why even try to make it a personal computer ?

you can get a laptop that does the job 10x better + you can bring it to a meeting for notes taking ,



posted on Nov, 30 2010 @ 11:06 PM
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reply to post by DimensionalDetective
 


Thought this would be common knowledge amongst most elightened peoples but the truth is you do not own your xbox, or your tv, or your fleshlight haha. You are merely renting the technology from the manufacturer. This used to be stated in a lot of manuals for electrical items but i dont really see it anymore-it basically stated that you do not have the right to modify/repair or even examine the internal contents of the device. If you even loosen the screws on the case you are violating what YOU agreed to when you purchased the item. Microsoft is perfectly within their rights to nail this guy. Look up some info on the true concept of "ownership" to find out what you really own-it aint much.



posted on Nov, 30 2010 @ 11:11 PM
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The problem here lies with the DMCA, an act that was created at the behest of the recording, motion picture and publication industries, not the citizenry of this country. Our legislators on capital hill have become beholden to big business and will gladly sell out our freedoms in exchange for a hefty campaign contribution. Our bill of rights is no longer in force and not considered a valid document by a vast majority of our congressmen and supreme court justices. Our freedoms are determined and restricted according to the interests of big business.

We want laws that protect us from violent criminal miscreants that threaten our physical safety. It is laughable to think that the common folk ever rose up and demanded the DMCA law be passed so that we would be protected from people modifying xbox's to run pirated software and put them in prison so we can be safe walking down the street at night!

I was watching C-Span earlier and a congressman was on the pulpit claiming that the country of Iran was so awful because among other things they have put rappers in jail. Well, now Iran can shoot back that we are so awful because we put guys in prison just because they dare to tinker with an X-box!



posted on Nov, 30 2010 @ 11:45 PM
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Disgusting.. Why can't we all sue Google for spying and taping into laptop's microphones and webcams, or Microsoft for spying on people using the Kinect sensor. Snip Big Brother, the New World Order and the Illuminati. Sh!t like this makes me so mad, I can't believe they can go that far.




Mod Edit: Profanity/Circumvention Of Censors – Please Review This Link.
edit on 1/12/2010 by Sauron because: Profanity



posted on Dec, 1 2010 @ 12:07 AM
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This is crazy. Kids everywhere do these modifications and post the videos on youtube, no idea the ramifications.

I mean seriously? You can't just go throwing them in jail for victim-less crimes. I know many people that do this, having no idea that they could be thrown in jail.



posted on Dec, 1 2010 @ 01:06 AM
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Originally posted by Pervius

Originally posted by woogleuk
My point is, these are my consoles, I paid for them, I will mod them as I wish..........



No you will not. Microsoft owns any hardware/software you buy from them. Not you.

A couple years ago I bought a Compaq Presario. 13 months after owning it this little bubble popped up in the lower right hand corner. The bubble said "your version of windows is not genuine". I was like WTH?? Compaq installed the operating system. A few minutes later the computer SHUT DOWN and wouldn't boot back up. Think the screen on load up said "your version of windows is not genuine"...and wouldn't boot.

So I called Compaq, they said your warranty expired...tough poo...called Microsoft. I call Microsoft and they said their WGA (Windows Genuine Authority) searches all computers on the internet and if they see 2 computers with the same Operating System Key...they disabled BOTH computers. They said some hacker likely used a key generator and spoofed my KEY on their computer. So Microsoft disabled MY LEGAL computer.

They said to reinstall Windows. I couldn't reinstall windows...Compaq doesnt include a CD for Windows anymore. So I was SOL.

I took the computer outside and placed 4 rounds of 45acp into it and drove over it with the car. I will NEVER own anything that is Microsoft EVER again. EVER EVER.


Where was our Federal Government to help Copyright Infringement when Microsoft disabled Hundreds of Thousands of peoples computers who had LEGAL operating systems...which Microsoft shut down with the WGA program.

You do not own ANYTHING you buy that says "Microsoft" on it. Read your user agreement.


How is it legal in any form, for Microsofts WGA to search any part of your computer while you are online?
It seems, and I am not the most savvy person when regarding what software can do- i just know how to use what I need to, that implementing a back door in software for them to use, would be considered hacking. Unless of course, you granted them permission. i.e. like if you were having a problem and they needed to update it.
But then again, maybe its in the users agreement. I never take the time to read that. Maybe I should.
edit on 1-12-2010 by DIDtm because: (no reason given)



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